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which, though more or ed in their jurifdirtion, enterta iricty of ctvil fuits. Theie are bebdes thefe, j the high court of admiralty, whick has ; rxcluftve jurildirtion in maritime] :, ; the courts of the two univerfi tie.s, * of the arch y, the archtepifcopal courl I i the diocel'an and other mm., having alto an ex tion of a civil nature in .. tary and ' ing to j'ion of the good.; of Inteftatts. loc.ipaltty, and its courts trlfdiction with ►ns is •. court of the principality, from i a writ of erroi urtof nch.—The fubordinate courts illy numerous in pro- I omit the co her inferior e< . ft without number. Tect, it is ■ i iion attempted ■man is by no numb: r th i its whole ex tent of the co. toe ti ll of 1793 ; ■t that counti than that the i >t the other -The ! ' »perty and • rted by laws and habits, and by ma ud private, may r< ■ ■ qucftion. c of he Cllftoms and man dates, is ncoefTary to the fupreme court.?, and icivfed with on appeals in of tiie id that the judges can acquire * tencU ftates. the laws of ii the their : their tice, ! >r no rd, in ic"t, or uit. ional num vhich it I OUS to y. An honor- Mr. Jacli i who Hi conftitution, -.vhich • exifteuce . and wi, : of France.— ill does not, neither was m due fu bordi teh conftfting of a fmall ity in the political con- I of the,nation. Such were the parliaments of France, the late judicial o.mtiy; particularly the •aris. The body of mem was very numerous, and as it was bary that all royal edirts, before they were to be confidered as laws, egiftered in that court, they ■ht of deliberating and de ation of any edift of al autliority, and - que-,. itting or refuting it the of a law. With this claim that became dangerous to the exiib 'it, and the conteft :i and the fubjert, had no doubt a - late i m that country. But there It there has al in the fyftem of o be reltored, a ; dure led with the iupr'-me court, • urts. A the line irt a ating body, foroe of the judges of butt being alwayscxclud ioa of cauie;. coming by ,n the different parts of tl»e ] United States. And when two fnpreme ] s held the circuit courts, of the ining judges, who were to de cide on an appeal, three might reverie a judgment againft the o fourth, and the opinion two lodges in the circuit coo h*S always appeared to me, to fay no more, impropriety in that lyf cuit courts under tiiat fyf liave indeed been compared to the Nifi Trins courts in England, but the fiighteft attention will convince any one that they do not compare. The circuit courts in our fyfteni are couits of origi nal and diltinrt jurifdictions ; not fo the courts of Nifi Pi ins in England—they are confidered as a branch of the fuperior courts at Weftmlufter, and are he! a commiffion of aflize ufually iflucd t« a judge of one of the fuperior courts, and an affociate for each of the fix circuits into which Enj rpofe divided. When a caufe in any of the fuperior courts is by the pleadings put on an iffue of tart, it is with the record lent to be tried at Nili Prius by a jury ninty; intlead of calling jury to try it at bar in Weitminlter Hall. After the trial at nifi prius, the verdict, with the record is remitted to the t, out of which it was lent, and iiifl prius judge and jury are examined palling in the Here then th j companion tly fails ; there is no fun it ar it) ::cept th.it of a uit. : ijert, and i icftioil whit h it • Congrefs eal tiie law as contemplated by noyer of this refoluti boliflj the courts iifhed by that law., put down the ' It is ■•d by the honorable brgia (Mr. Baldwin) arity involve that' queft»on, becaufe the re pealing act, if 'ion fhould be adopted, may be fo modified as to avoid bfncuky on the great point. But as the hoi , >vcr avowed his in tention to be an abolition of the courts, tiie offices of tb • ir falaries, as the prii ■ g have in the r.ourfc of ;' by that view of the fubjert, 1 fhall he permitted to confider it on that ground. ' in favor ol mealure proriol en derived from rlered a:; incident to eve raid that a powtr to repeal ail its legiflative arts is infcparahly incident to every fovereiVn that the art, the repeal of o is contemplated, is a legiflative art i. : ~ therefore Congrefs ne eeilarily lave t: | it ', is to fay that the power of Congrefs st os not equal to i. at another time— that a fub y be bound by the if a former Coi trary to a very important [Jation—in a word that it is to a time greater than the cres ;.s to he power own acts, which it has palled, and will in courfe put a Hop to all amendments, all improve ments of our laws. This doctrine, here t to he afl'erted, is not in the full extent applicable to the legiflative pow i ider our Conftitution. There are arts which Con by that inftru ment exprefsly denied the power of paf fin^—-there are arts which whenever pal Ted, Congrefs cannot repeal, or ra ther i h of which tiiey cannot e id, much lefscan they deftroy. d the power of laws ; and this ap ibly to a repealing aft I —it is by its ope t the art is in cry art which empts to diveft any ioufly acquired, whether by a former art of legislation, or by any other accpii fit ion, is in name, nature am ex poll facto. Indeed, (ir, I apprehend that fsme gentlemen have been led into a mif take on this fubjert, by an incautious admiulon of maxims and theories of legiflative powers in another govern ment; but which do not ■,^\->\>\y to our government, as inftitlltcd and iimited by our conftitution. There are, lir, in every nation two kinds of P tive powers. The one is original and extraordinary; and may be called the posver of political legislation. It is by an affociating nation employed in fortfitttg and 01 -ernment, in difpofing its powers and defining, or limiting their exercife. The otb ordinary power of legi d is employed in the civil re of the community. In full confifts tJw political fovei the nation. This power is tranfeend ant. It is par, pow ers in It can create power:;, ■ what it i or even tuft , power'in I lit, or can be equa/I tocontroul am, from | ancient ufage, the confentof the nation • d'ed by long and general acqtnie fcence, both the ordinary and the ex tYaordinan. are confidered to be vef'ed in the parliament of the nation—afting in this of political fovcre'gpi of the nal the P.ritifli parliament can create ri, and can deilroy exiiting rights at will ; although in cjtercifin pow er, they proceed with greaj caution, and are careful to indemnify indivi whole ri.- v red -11l ti .tone, new mode! tl £x and alter '.cent: • of the with this power, in addition to the ordinary ; ers of legidation, the iy too bold, by v. i.n lubjerts within the rea. it is laid to be omnipotent. N-t fo of the United St i pbffel iiit trani'c.eniLiiit power, that fovcreignty of the nation; th '. the ordinary pow ers only of legislation ; and thefe pow ers, they derive under the conftitution of the United States : by this inftru inent theirpow d, limited and defined. This infhum.-nt is the art of the political fov people of the United States. To them it was propofed, and they throug impowered for that put] edit the fundamental and lupreme law of the national government. They have faid, as they had a right to fay, on this fub ]fcl i fhn.ll art ; or that Uiciy toay art at their difcretion ; here the reflional power is limited, there is placed a barrier which fhall not be palfed. Congrefs, as I obferved, pollefs not this •paramount power ; but in one mode, provided for altenng and amending the cimbitntion,, they are under certain re- If'ic'.. nitted an inceptive power, to originate propo fals of amendments, which when ratifi ed by three-fourths of the State legilla , to which the national fovcreignty is in this inltance referred, are adopted into and become a part of that inltru ment ; in another mode, the ft ate legifla have the power of inception. They alio may originate propofah; of amendments, which congrefs mult refei to a caayention of the pi their and v: In ti;' | c 0 f this country refervt portion of the ni voice of the people, , it is not to be refilled, is ion the voice of God. This, I thority of that fupreme fa , lion of tl ;hority indifpenlibly I irg. We have no right, when we to carry a favourite ineafure to which we find fome barrier oppofed by the confti tution, to proftfate or overleap that bar rier. We Have no right to fay tiiat the national foverei itnowbec.n d,would di'fpenfewith the limitation, remove I , which, in our it opinion, ftands oppofed to the public good—No, fir, we may not ap lund ft is dangerous; , ion of the national fove v. —We are but agents of the na under a limited authority— All ur arts which exceed that authority dd. Thefe are the principles to be applied in the inveftigation of conftitutionjjl pow* crs.—Let us then examine the conftitu tion upon thefe principles, and fairly de term i • permitted the power for which it has been contended, the conftitutional power to remove a judge, by abolifhing the office, and con fcquently to deprive him of his falary ? The firft provilion which we find in the conftitution relating to the judicial de partment is in the fecond lection, where among other powers enumerated, it is declared that Congrefs fhall have power " to eftablifh tribunals inferior to the fuprcme court."—Upon this it was ob d by the honorable gentleman from Georgia (Mr. J.) that this being a grant to Congrefs of a legiflative power to eftablilh inferior'courts, necelfarily in cludes the incidental power to repeal ; that this being a firft grant cannot be re trained nor taken away by any fubfe quent provifion in the conftitution upon ti,- fame fubjert ; that we are to take the rule of conftrurtion that the firft grant and the firft words of the grantor in a deed, fhall prevail over a fubfequent grant or fubfequent words of a different import—Are we, indeed, fir, to apply in the conftrurtion of the conftitution, the law, the fupreme law of the nation, the rules deviled for the conftrurtion of a deed, a grant, by winch a few paltry ransferred from one individual to another:' No, fir, very different are the rules of conftrurtion ; the firft art of the grantor but the laft art of tbs legif lature ftiall prevail ; or where in an is the power to repeal.'' Anothci more univerfally applicable is thai (hall fo conftrue a law that every pa it if poflibie may ftand together, thai every part may have its operation. if there be a general provilion in the for mer part of a law, and there foil particular provifion, which canol part of the fo ion be let aiide, the latter Hi: confii atian of the foi .iiich fhall be carried into effect fo ilyasit is not incompatible with the latter. [To be Continued,] WASHINGTON CITY. MONDAY, FiBRUABr 8, 1802. on the < tien of t ttve treaty France and England, Mr. Jack now at Paris, will h rniiiif ter Plenipotentiary from the latter coun try to t'hc United States. THOMAS J FFFERSON, ident of the United States of Ame rica— To all to;; .cuts shall cottie, GjijmfiSG : — DON VAT.KN7IN de For AN DA, having produced tome his coirnniifion as Conful Genera! of the Spanifh Nation within the United States of America, I do hereby recogn'rfe him aafuch,an4 do declare him free to cxercife and enjoy Inch funrtionary powers and privil as are sdlowed to Confuls of the fa id na tion by the treaty fub'idihm- between the United States and His Catholic jefiy. In Testimony whereof I have caufed thefe letters to be made patent and the Seal of the U- j nited States to be hereunto at- | fixed. I Given under my hand at the (l. s.) City of Waihington, the twen- : ty- ninth day of Januaiy, in \ the year of our Lord one thou- j fund eight hundred and two, ! and of the Independence of trie ' United States of America, the twenty-fixth. TH: JEFFERSON. By the Prefident, JAMES MADISON, Secretary of State. Extract of a letter from William Kirk- I Patrick, esq. dated Malaga, 27th ' November, 1801, to the secretary cf state. j " Commodore Dale, called in here on ' 4th lull, in the frigate Prefident, i mpanied by the Philadelphia EfTcx. The Commodore proceeded on the 9th inftant for Mahon, to enquire into the truth of fome cruize) been fitted out at that ifland, the purpofe of capturing American and Swedilh vefltls, as -mentioned in the in- 1 doled copy of a letter from our mil In Madrid. This information, I now learn by a letter from Robert Montgo mery, efis. conful at Alicanta, dated 12th inft, to be falfe. He fays, « the report of Ti ipoline cruifei $ Inning been out at Mahon is faHV, and contra- | dirted by the arrival of a Swedifh fri- : , from that port a lVw days ago. The Philadelphia proceeded up the Me diterranean with a Convoy of American j and Swedilh vetTcls, and the Effex is mw ' ciH'fing in the gut, watching the mo tions id'the two Ti ipoline cruizers, laid up at Gibraltar. " Advices from every quarter, afford me room to think, that none o v our veiTels have yet fallen in»o the hands of the Vripolines, which is a flattering cir enmftance, confidering the great mun- I ber that have ventured up and down the I Mediterranean, without any protection whatever. A Swedilh frigate is daily expertcd from Alicanta with a convoy bound out of the Straights, and it is faid, three more are on then* way from Sweden." [TH AN ELATION.] From the Papal Feriodico of Havana of the 7th January, 1802. " By order of the governor and cap tain general, the following is publifhed in order that it may come to the know ledge of thole concerned, and that they may fulfil the fame. " All Spanifh fubjects and fofeignej ;, who are not authorised to relide in this illand in conformity to the fovereign laws ap.d ordinances, fhall depart from it within the term of one month ; other wife they will be treated with the feveri ty provided in the laid laws and ordi nances, and more efpecially thufe who trafic contrary thereto. '; This term fhall be two months for fuch as have accounts depending in re lation to neutral VffFels, which have imported provilions and Other effects during the war : but thefe free lince the 11th of December Lift paft, fuch as had accounts ought to have in to clofe them ; and cSnfequ the time prefer! bed is amply for their conclufion. " Themagiftrates, judges of wi and captains of diftrirts, an with the fulfill' Extract of a letter from Smyrna^ dated itth ■ at Leghorn, lt A vc purchafed here by the Tl it is hull, with i .iints broad two crn, flanding upon the of a tree, furrounded wit of fire as if juit riling out of it ; a bird tizc, ftanding on a She is now at -g wharf, and when flic re to port and is ready for lea, if any are made, fhall duly inform you, as alio to ty of men fhe have cm board when fhe goei, out to lea." In feveral orchards near New-York, .'. 2d growth of App: i this n. One of thofe a] ■i !-2 inches in circumference. Hoi:..!', ok Representatives, U. S. Thursday. Feb. 4, ISO 2. An engrailed bill, for the relief of Lyon Lehman, wnsread a third time, and pafi'i «i. A remonftrance from fundry inhabi of George town, praying, that con grefs will notpafs the bill for eitahiifh he government ef the territory of Columbia, now before the Houfe of re atives. Referred. laid before the Houfe I > the fecretary ol the ftavy r failing oidcrs manders of the frigate cut, and brigantine Pickering. The fecretary ftates, that no informa tion has been received of the fate of thefe veftels, from which it is inferred that they were loft in an equkio&ial gale. Friday, Feb. 5, 1&02. The Houfe went into committee of the whole, on the bill for the relief of Ilaac Zane, when, after confidering the fame, the committee role, and afked leave to tit again. Leave refilled—and the bill recom mitted to the felert committee who bill. ye of abfence granted to Mr. Perkins for remainder of the feffion. Mr. Randolph pre fen ted a bill mak ing certain partial appropriations for i red to a committee of the whole on Monday. Mr. Smilib moved the appoint ment of a i ,to enquire into the propriety of providing by law for fecur ing to the Unite! States, the prop -bted to them, and oi Inch pei imprilbnn rdered to lie on ible. The Houfe we it into committee of hole, on th of a lelert com mittee on the bill, allowing a drawback The Houfe concurred in the report of the con whole, and or dered the bill to be engroiled for a third reading on Monday. Mr. Giles.moved, that the commit tee appointed on a meffage of the Prefi dent, leiperting the debts due by the city of Wafnington to Maryland inllrucfed to inquire into the expedien cy of dif the offices of the commilfioners of laid city * to report by: bill or otherwife. Agreed-' to. Nenu-Tork, Feb; 2; Yefterday arrived at this port, the brig Riling States, Capt. Wickham, in lys from St. Domingo. Capt W.ck informs us, that Touftaint arrived at the Cape, on the 3d of January, efcoit ed by 4QO hoi ie and foot foldiers, who made a fplendid appearance. On his ar rival .at the gates of the city, met by our coiiful, and a numeroti femblage of white gentlemen. ToufiYuit,, Capt. Wickham Hates, is a brilliant of ficer ; indefatigable in action ; cautious in his proceedings ; and is not, as UaUiL in the account of his death, car.dels and: negligent. Reflecting hi under no apprefieiifions. He perfonal guard, however, correfponUenC with the perilous litiration of the ifUnd, and the flat.- of the public mind. Capt. Wickham adds that Touffaint had an interview with tl c American Coniiil, in Which he If ated that, in cafe of an attack on tiie Jiland, he calculated in meafurc, on obtaining provilions fiont America,! He has under his a numerous army, well difclinined, and determined to i< i c for peace derogatory to the views ol their fhieftain, or thi and iiub md. ipt. Hall, from Gibraltar, i;,' us, that fix Tripolitan velfelr. w ded in that port, at the time he it, by the United Si The Ti ipolitan liilh vcifch in the Htraits. V. \i,. P. 11. Living lion, ! with France, v wake T. may ;